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MATTER OF BLY

281 A.D. 769 (1953)

In the Matter of the Probate of The Will of Daisy A. Bly, Deceased. James F. Bly, Appellant; Doris W. Cheltenham et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 26, 1953.

Decree unanimously affirmed, with costs to respondent Doris W. Cheltenham, payable out of the estate.

The original of the will sought to be probated was not found after decedent's death. The sole proof, introduced by proponent and credited by the Surrogate, of the loss or fraudulent destruction of the will was that respondent Doris W. Cheltenham, an adopted daughter, who had been disinherited by the propounded instrument...

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